IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.4164 of 2011
MALIK YADAV .
Versus
THE STATE OF BIHAR .
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2 7.2.2011 The petitioner is in custody in relation to Mufassil
P.S.Case no. 168 of 2010 instituted under Section 302/34 IPC
and Section 27 of the Arms Act.
It is submitted that the son of the petitioner- Tulsi
Yadav, the petitioner and the petitioner’s wife- Samtola Devi
came to the deceased’s house and the son of the petitioner shot
the deceased. The present FIR was lodged by the uncle of the
deceased, who is said to be an eye witness.
On behalf of the petitioner it is submitted that there is
a counter case being Mufassil P.S.Case no. 169 of 2010 as
against the deceased. It is alleged that there was a dispute with
regard to common road. The petitioner and the deceased being
neighbour , the deceased assaulted the petitioner on the head
because of which petitioner became seriously injured. Seeing
this, the son of the petitioner in self defence shot the deceased.
From the order of the learned sessions Judge, it is clear that there
are injuries on the head of the petitioner . The prosecution in the
present case is unable to explain the same, whereas the
explanation clearly comes in the second FIR.
Be that as it may, let above named petitioner be
released on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
2
satisfaction of C.J.M., Munger, in Mufassil P.S.Case no.168 of
2010.
Namita ( Navaniti Prasad Singh, J.)